Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was on probation for work for a year because of my sick…

Customer Question
Hello I was on probation...
Hello I was on probation for work for a year because of my sick time, during that time they were paying me my quarterly bonuses. Today they say it was a mistake and that I should have not been receiving them, an that they will take my next 5 bonuses to recover what they paid me. I'm just wondering if that is legal or if there is anything I can do since they are the ones who let it slip by for a year.
Submitted: 9 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
9/27/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,320
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Do you have a written employment contract that provides for bonuses?

What does the employer's policy state about bonuses for employees on probation?

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
I would have to check the policy but from what there telling me when your on probation you are not to receive bonuses. But I don't understand how it got skipped on other management levels for a year, an now I have to feel the damage for another year from my first probation
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

Bonuses are gifts from the employer, unless there is a contract to the contrary. So, you need to check the employer's policy on this matter. As far as an employer making a payment in error, if an employer can prove that their policy was to not pay bonus then they legally can seek to recover payment based on there error. You can make them prove that the payment was made in error and ask for proof you were not entitled to payment though. So you need to get the copy of the employer bonus policy to know whether or not you have grounds to proceed. If this is against employer's policy, then you can sue them to retain the bonus.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,320
125,320 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I started a job and was given an employment contract, I have
I started a job and was given an employment contract, I have signed it the employer has not. I have been working now for 3 months. Is the contract binding?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I signed an employment contract to start work for a company
I signed an employment contract to start work for a company in approximately four months. If I have received no benefit from the contract can I withdraw without penalty before I actually start working… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have an employment contract that refers to a time period
i have an employment contract that refers to a time period as 20 days. do i need to clarify 20 working/business days or is this generally inferred?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
970 satisfied customers
I am being offered an employment contract for the new school
I am being offered an employment contract for the new school year at my preschool. The salary on the contract has been altered by whiteout. The salary under the whiteout can still be read. It was chan… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I signed a three years employment contract with my employer
Hi, I signed a three years employment contract with my employer after they paid for my schoolingto attain a license.Ive done one year already but i want to resign so i could babysit my newborn full ti… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I would like to get clarification on my employer contract.
I would like to get clarification on my employer contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I worked for a public company with an employment contract.
I worked for a public company with an employment contract. The employer stopped paying tax and said I was now a “consultant”. I never changed duty or office space, still had company Amex and privilege… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
970 satisfied customers
I have signed an employment contract, which says i cant work
I have signed an employment contract, which says i cant work for the client introduced by them for 2 years after I terminate the current contract… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
This is an employment contract question. When hiring new
When hiring new employees--a would-be employee signs the contract to begin a new position, but backs out before starting. Can a clause in the contract require that would be employee to pay a fee for backing out of the obligation? The purpose of the fee would be to help the employer quickly find a replacement. In other words, Is it legal to put a penalty or "liquidated damages" clause in an employment contract that states that if after signing the contract the would be employee backs out and does not begin employment as they promised--then the contract requires the employee who reneged to pay the would be EMPLOYER a fee or liquidated damages so that the employer can find another employee to replace the one that did not fulfill the contract. Thank you. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
I have an employment contract question with my current
Hi Pearl, I have an employment contract question with my current employer. Can I ask you? … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
Tell me your email address to send the employment contract
Second opinion] Please tell me your email address to send the employment contract and offer letter. In my opinion, the promised job title, Project Manager, and the promised 1-year employment were both… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I am in japan, can u introduce an employment contract lawyer
i am in japan, can u introduce an employment contract lawyer who speaks Mandarin to me? I prefer a mandarin speaking lawyer. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
I work in Florida on an at-will employment contract.
Hi. I work in Florida on an at-will employment contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I signed a standard probationary employment contract in May
I signed a standard probationary employment contract in May of 2016 for 3 months. I am now, Jan 2017 receiving the permanent extension but am hesitant to sign it. I am wondering if the year-long non-c… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am signing an employment contract. The company is
Hi! I am signing an employment contract. The company is incorporated in Delaware, but I live and work in CA. Am I protected by CA state laws? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I have an employment contract that takes me to the end of
Second opinion] If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligati… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
If I have an employment contract that takes me to the end of
If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligation under the con… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,225 satisfied customers
Employer contract. MA. At will. Developments agreement
employer contract JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: MA JA: Is the employment agreement "at will," union, full time or part time? C… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x